Author Question: Driving with brakes in need of replacement is not a breach of duty. Indicate whether the statement ... (Read 24 times)

meagbuch · **on:** Jun 24, 2018

Driving with brakes in need of replacement is not a breach of duty.
Indicate whether the statement is true or false

Question 2

Many school buildings constructed from 1930 to 1970 had asbestos insulation in them. Presently the schools are undertaking a massive program to replace the insulation and at substantial cost. Could the schools turn to asbestos manufacturers for recovery of the costs? What if students who were exposed to the asbestos during the time they attended the schools develop asbestosis or lung cancer? Where can the students turn?

Rilsmarie951 · **Reply #1 on:** Jun 24, 2018

Answer to Question 1

FALSE

Answer to Question 2

Presently the liability to schools for the harmful asbestos insulation is being litigated. The students do not have to establish privity under strict tort liability and could turn to the manufacturers. The problem is the financial viability of those companies. At least one court in Illinois has held the manufacturers liable to the schools for the cost of removing the asbestos. The additional costs will be added as claims against the trust fund established with Manville stock and funded by 25 percent of Manville's yearly profits.